Legal Question in Landlord & Tenant Law in Florida

Holding my property hostage.

I have been living in an apt. for 3 years. My lease would expire Aug. 1st of 2009. In Dec. of 2008 I started to get behind on my rent due to my loss of employment. I spoke with my LL and he said I could pay as soon as I got a job. I was able to get another job in January and resumed payments at the end of January, beginning of February. In this time my power was shut off and I started staying at my mothers home. In February my LL and I agreed that it would probably be best if I moved out so as not to continue to owe more money. I am currently behind on the rent for February and March. I went to my apt. to start moving some of my belongings to my mothers home and found the apt. completely empty. I called my LL to see where my stuff was and he said that he put it in storage and I could have it when I paid the back rent plus $200 for storage. He said that he served me a 3 day notice on Friday 3/6/2009 and that he took it down later. I was at the apt. on Tuesday 3/10/2009 and I didn't see any notice on the door. When I asked him for a copy of this notice he told me I could not have one. He also let my 2 cats out of my apt. and I cannot find them anywhere.

Is this legal? Can he hold my stuff for past rent?

What can/should I do?


Asked on 3/12/09, 10:52 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Holding my property hostage.

The landlord must show you a copy of the notice if he intends to evict you. You could sue the landlord for the value of your cats or the value of the cats gets subtracted from your rent. Otherwise, the landlord is within his rights.

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Answered on 3/12/09, 10:59 pm


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